Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Claims 1 – 4 have been examined.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 – 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shirosaki (JP2010022123), cited by Applicant. Note, any reference to page number or paragraph is in regard to the provided mechanical translation.
In regard to claim 1, Shirosaki discloses a hybrid electric vehicle comprising a an engine (Fig. 1, item 16), a first motor (Fig. 1, item 11), a planetary gear that is connected to the first motor, the engine, and a drive shaft connected to drive wheels (Fig. 1, items 21, 22, 23, and 24), a second motor that is connected to the drive shaft (Fig. 1, item 17), a power storage device that is connected to the first motor and the second motor via a power line (Fig. 1, item 12), and a control device that controls the engine, the first motor, and the second motor to travel with an intermittent operation of the engine (Fig. 1, items 15 and 16), wherein if a temperature of the first motor is less than a predetermined temperature when a start condition is met during traveling and the engine is started with cranking of the engine achieved by the first motor, the control device sets a smaller value than a value set when the temperature of the first motor is equal to or greater than the predetermined temperature in a torque command of the first motor and controls the first motor (central portion of page 6 through central portion of page 7).
In regard to claim 2, Shirosaki discloses wherein the control device sets a start determination vehicle speed such that input power of the power storage device when the engine is started during traveling falls within a range of allowable input power, and the start condition includes a condition that a vehicle speed is equal to or greater than the start determination vehicle speed (bottom portion of page 6).
In regard to claim 3, Shirosaki discloses wherein if the temperature of the first motor is less than the predetermined temperature when the engine is started during traveling, the control device sets a smaller value in the torque command as the temperature of the first motor is lower (central portion of page 8).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Shirosaki (JP2010022123) as applied to claims 1 – 3 above, and further in view of Sato et al. (JP2018034712), cited by Applicant. Shirosaki does not disclose using crank angle as a control variable. In regard to claim 4, Sato discloses wherein the control device sets the torque command such that a torque increases up to a first torque, is held, and then decreases once a decreasing start condition is met when the engine is started during traveling, and the decreasing start condition includes a crank angle condition that a crank angle of the engine falls within a predetermined crank angle range when a vehicle speed is less than a predetermined vehicle speed, and the decreasing start condition does not include the crank angle condition when the vehicle speed is equal to or greater than the predetermined vehicle speed (bottom of page 8 through bottom of page 9).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make use of crank angle ranges as a control variable, as taught by Sato, to the hybrid vehicle of Shirosaki, in order to minimize vibration. This would increase user/passenger comfort.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Maeda (12,441,176) discloses a hybrid electric vehicle;
Imamura et al. (2022/0080948) disclose a control system for a hybrid vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at 303.297.4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN D WALTERS/Primary Examiner, Art Unit 3613
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